ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:-

“ to issue a Writ, One in the nature of a Writ of Mandamus or any other appropriate Wirt Direction or Order declaring the action of the 5th Respondent in keeping pending of registration of sale deed dated 25.06 2021 presented by the petitioner and his vendor by allotting P.Document No 119 of 2021 dated 25.06.2021 in respect of land an extent of Ac.3.40 cents out of Ac.6.80 cents in Survey No 346-1 of Malugur Village Polam Hindupur Mandal. Anantapur District without there being any reasons as illegal. arbitrary and unconstitutional and violative of Registration Act 1908 and consequently direct the 4th and 5th respondent to admit the sale deed in respect of above said land for registration by allotting document number to the P Document No 119/2021.”

2. The case of the petitioner is that the petitioner is the absolute owner of the land admeasuring an extent of Ac.3.40 cents out of Ac.6.80 cents in Sy.No.346-1 of Malugur Village Polam, Hindupur Mandal, Anantapur District having purchased the same from Gurrappagari Narasimappa under sale deed dated 25.06.2021 for valid sale consideration.

3. Originally the land in an extent of Ac.6.80 cents in Sy.No.346 of Malugur Village Polam, Hindupur Mandal, Anantapur District was assigned to the petitioner’s vendor Vetti Narasappa vide D.Dis.No.160/38 dated 02.08.1928. The petitioner vendor purchased the same vide document No.2124/1970 from the purchasers of original assignees. The petitioner approached the 5th respondent on 25.06.2021 and the 5th respondent allotted P.No.119 of 2021 and kept pending for allotment of document number. Keeping document pending for such a long time is illegal and requests to issue a direction.

4. During hearing, learned counsel for the petitioner reiterated his contentions whereas, the learned Assistant Government Pleader for Stamps and Registration requests to pass appropriate order to complete the process in accordance with law.

5. The only contention of the petitioner before this Court is that as the land was assigned long ago and it shall not be included in the prohibitory property list. On account of inclusion of the property in the prohibitory property list, the respondent No.5 appears to have kept the documents pending for registration. But no order was passed by the 5th respondent though two(2) years period is elapsed and therefore, the petitioner requests this Court to issue a direction to the respondents to complete the process of registration in accordance with law.

6. No doubt, when the document is presented for registration, the registering authority has to register or pass refusal order under Section 71 of the Registration Act(for short ‘the Act’), if the document cannot be registered in view of any prohibition either under Section 22-A or by order of any Court. Against the order of refusal, an appeal is maintainable under Section 72 of the Act and the 4th respondent cannot keep the document pending for long time which would cause serious prejudice to the parties.

7. In view of the above, the 5th respondent is directed to complete the process of registration if permissible and if the registration is not permissible, the 5th respondent is directed to pass appropriate order recording the reasons as mandated under Section 71 of the Registration Act, within four(4) weeks from today. In case, the petitioner is aggrieved by such an order, he may approach the District Registrar under Section 72 of the Registration Act.

8. With the above direction, the Writ Petition is disposed of at the stage of admission with the consent of both the counsels. There shall be no order as to costs.

As a sequel miscellaneous application, pending, if any, shall also stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 11.08.2021 tm THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.16679 OF 2021 Date:11.08.2021 tm